Posts Categorized: production of documents
In this case Young v. Comay, 2013 ONSC 7552 (CanLII) the plaintiff testified at Discovery that she did have an ongoing Facebook account, prior to the accident, and that family photos and possibly other photos were posted therein.
Broad, J. ordered disclosure as follows:
 I would therefore order that the plaintiff serve a Supplementary Affidavit of Documents disclosing all photographs of herself, in her possession, power or control which are relevant to any matter in issue, including photographs depicting her engaged in physical, recreational, housekeeping, home maintenance or work-related activities for two years prior to the accident and during any period following the accident in respect of which she is claiming damages on the bases set forth in the Statement of Claim.… Continue Reading
A simple rule prevails in lawsuits – follow Court Orders and try to stay ahead of your lawsuit obligations.
What can happen, then, if you fail to follow the Court’s Order(s) in your lawsuit?
What are the penalties? How can this affect your lawsuit?
Why This Matters
Lawsuits are not easy. They tend to become a real battle psychologically and emotionally upon the litigants, as well as taking a financial toll.
Sometimes, as a result of negative developments in a lawsuit, a party does not wish to comply with their lawsuit obligations. … Continue Reading
To force lawsuits to move forward faster, Ontario implemented a “7 hour” time limit on Discoveries as part of the January, 2010 package of reforms to the Rules of Civil Procedure.
If you wish to extend the time to more than 7 hours, you need opposing counsel’s consent or a Court order.
• How is this “7 hour” limit going to be interpreted by the Court?
• When will the Court grant an extension of time to allow more than 7 hours?… Continue Reading
Three separate plaintiffs suing for damages arising from a dog attack, pursuant to Ontario’s Dog Owner’s Liability Act, had three different Facebook and MySpace accounts containing approximately 1,500 pages of photographs, blogs and emails.
In the 2009 Ontario Superior Court of Justice decision of Kent v. Laverdiere, Master Haberman extensively reviewed the merits of the defendant’s motion for production of the three separate plaintiffs and their social networking profiles, totaling more than 1,500 pages.
The main issue concerning this motion was the extensive nature of production sought (and the number of hours required to properly produce this information) versus the imminent Trial date, set for four weeks after this subject motion.… Continue Reading
One of the earlier Ontario cases dealing with disclosure of a plaintiff’s Facebook account profile was the 2007 Ontario Superior Court of Justice case of Murphy v. Perger (2007) 67 C.P.C. (6th) 245, in which Madam Justice Rady ordered production of a plaintiff’s Facebook account profile, which was marked as a “private” account but had 366 Facebook “friends” attached.
The defendant, in this productions motion, did not seek access to the email communications contained on the plaintiff’s Facebook account.
The plaintiff solicitor had, prior to this motion, produced pictures of the plaintiff showing her pre-accident activities, in support of her claim post-accident of suffering from fibromyalgia and TMJ (temporomandibular joint) disorder.… Continue Reading
You enjoy keeping in touch with family and friends on Facebook. It is an easy way to stay current with old acquaintances.
Then you are involved in a car accident or slip and fall accident. You are badly hurt. Eventually you go to see a lawyer to help you start a lawsuit, as you are unable to work and earn an income. Your ongoing pain and need to seek medical treatment convinces you that your injuries may be long-term.
You start a lawsuit. … Continue Reading
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